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General Terms and Conditions of asknet GmbH
(including legal information on the rights of the customer according to the regulations on contracts in distance selling and e-commerce)
As of 2024-04-01
Contents
Part 1: General information
Section 1 Scope of application
Section 2 Information on the Customer's Contractual Partner
Section 3 Information on the product
Section 4 Information on the settlement of disputes before consumer arbitration boards, handling of complaints
Section 5 Warranty, joint culpability and obligation for regular data backups, guarantees
Section 6 Costs of using the remote means of communication
Section 7: Bid, Conclusion of Contract, Ordering Process, Age Restrictions
Section 8 Storage of the order, languages and retrievability of the GTCs
Section 9 Prices, terms of payment, retention of title, right of retention, set-off
Section 10 Delivery area
Section 11 Delivery time
Section 12 Terms of delivery
Section 13 Shipping costs
Section 14 Rights of use for the purchase of software
Section 15 Data protection
Section 16 Choice of law
Part 2: Information on the right of withdrawal for consumers pursuant to Section 13 BGB (Bürgerliches Gesetzbuch [German Civil Code])
Section 17 Existence of the right of withdrawal and bearing of costs when exercising the right of withdrawal
Section 18 Refund of payments made
Section 19 Cancellation policy for digital content and premature expiry of the right of withdrawal
Section 20 Cancellation policy and information on the right of withdrawal for contracts with other content
Part 3: Special contractual conditions vis-à-vis entrepreneurs pursuant to section 14 BGB
Section 21 Limitation of the warranty period, assignment of warranty rights against the manufacturer to the customer
Section 22 Obligation to examine and give notice of defects
Section 23 Period of performance, delays, partial performance
Section 24 Payment, default in payment, set-off
Section 25 Validity of the General Terms and Conditions, place of performance, place of jurisdiction
Part 4: Special national regulations
Section 26 Special regulations for Taiwan
Part 1: General information
Section 1 Scope of application
(1) These terms and conditions shall apply to software licensing agreements, licence agreements, agreements on the purchase of hardware (possibly in combination with software), purchase agreements on other products and on the purchase of services between asknet GmbH and the customer, with respect to both consumers and entrepreneurs. Regulations that apply exclusively to consumers or entrepreneurs are expressly marked as such.
(2) According to Section 13 BGB, a consumer is every natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
(3) Pursuant to Section 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
(4) Special national regulations can be found in Part 4.
Section 2 Information on the Customer's Contractual Partner
(1) The customer's contractual partner is asknet GmbH, Hertzstraße 16a, 76187 Karlsruhe, Germany. Tel. +49 (0)721/96458-0, Fax +49 (0)721/96458-99, E-Mail: info@asknet.de.
(2) asknet GmbH is represented by Frederik Meheus.
(3) asknet GmbH has no representative offices in other EU member states.
Section 3 Information on the product
(1) The essential features of the goods and services are listed in the description of the respective item.
(2) Where software is provided, the delivery is limited to the object code (executable form), if applicable with the documentation provided by the manufacturer as well as installation and usage instructions. Insofar as software is delivered by download, no physical data carriers or documentation and manufacturer's instructions in paper form shall be delivered nor shall they be due. The customer has no claim to the transfer of the source code.
Section 4 Information on the settlement of disputes before consumer arbitration boards, handling of complaints
(1) The European Commission provides a platform for the online settlement of disputes (OS), which you can find at this address: https://ec.europa.eu/consumers/odr/. asknet GmbH is neither willing nor obliged to participate in dispute settlement proceedings before consumer arbitration boards.
(2) In the event of a complaint, please send an e-mail to info@asknet.de.
Section 5 Warranty, joint culpability and obligation for regular data backups, guarantees
(1) The statutory warranty regulations apply.
(2) The customer is responsible for regularly backing up their data. In the event of a loss of data for which asknet GmbH is responsible, asknet GmbH shall be liable exclusively for the costs of restoring the data that would have been lost even if the data had been properly backed up, as this involves damage that is regularly and typically foreseeable in the case of proper data backup.
(3) asknet GmbH may withdraw from the contract if it is unable to deliver the ordered goods through no fault of its own due to the supplier's failure to meet its contractual obligations. In this case, the customer will be informed immediately.
(4) If a guarantee is stated in the item description, the customer's statutory rights to claim for defects against asknet GmbH shall remain unaffected. The content of the guarantee and all essential information required for assertion of the guarantee can be accessed via the respective item description.
Section 6 Costs of using the remote means of communication
No costs shall be charged for the use of the remote means of communication used for the conclusion of the contract that go beyond the mere use of the remote means of communication.
Section 7: Bid, Conclusion of Contract, Ordering Process, Age Restrictions
(1) The presentation of the products in the respective online shop does not constitute a legally binding offer. In order to order goods via asknet GmbH online shops, the customer must place the goods in the "shopping cart" (by clicking on a relevant button). The shopping cart represents a list of all goods that the customer has selected for the purpose of the order by clicking on them. The quantity of goods can be changed or removed from the shopping basket.
(2) If the shopping basket contains all the desired goods in the correct quantity, the ordering process can be continued by clicking on the relevant button. The customer will then be asked for his billing and delivery address and for the desired mode of payment and, if applicable, shipping method. Before the final order is placed, all details of the order will be displayed again in an overview and can be corrected further by the customer.
(3) The order becomes binding for the customer as soon as the customer has entered the payment details and clicked on the relevant order button or, in the case of payment by invoice, bank transfer or cheque, as soon as the customer submits his order. If the order is successfully submitted, the customer will receive an e-mail confirmation accepting the offer. In the case of payment by bank transfer or cheque, the customer will receive this confirmation only after receipt of the payment. With this e-mail confirmation, the purchase contract is concluded. This confirmation can be printed out.
(4) Clients who are EU citizens or who are resident within the EU must be at least 18 years of age to be able to purchase from this shop.
Section 8 Storage of the order, languages and retrievability of the GTCs
(1) The order including the customer's personal data shall be stored electronically by asknet GmbH. After the order has been placed, the order data can be viewed by the customer if a login area has been set up.
(2) With the confirmation email sent to the email address provided by the customer, the customer will also receive the General Terms and Conditions of asknet GmbH. The customer can also view and print out the General Terms and Conditions at any time in the shop.
(3) For the purpose of concluding the contract, the customer can choose from the languages in which the GTC can be accessed.
Section 9 Prices, terms of payment, retention of title, right of retention, set-off
(1) All prices are shown on the order page as total prices including shipping costs and taxes, where applicable, and are stated in the currency that the customer has selected himself or that is displayed on the website and available to him. When concluding the contract with consumers, the legally applicable value added tax is included in the price or shown as such.
(2) Upon conclusion of the software transfer, purchase or service contract, the Buyer will owe a consideration, licence fee or purchase price. The customer shall be provided with at least one free, reasonable means of payment. If payment by credit card is offered, this shall be subject to a positive creditworthiness check.
(3) When paying by credit card, PayPal, Konbini or Pay-easy online banking, the customer agrees that asknet GmbH or its subsidiaries asknet Inc. located at 55 Springstowne Center, #172, Vallejo, CA 94591, USA or asknet K.K. located at METLIFE Kabutocho Bldg. 3F, 5-1 Nihonbashi Kabutocho, Chuo-Ku, Tokyo 103-0026, Japan will process the payments with the relevant payment provider. Any chargeback fees incurred by the credit institutions due to the fault of the customer shall be borne by the customer.
(4) Cash on delivery payments are due upon receipt of the goods. Invoices are payable within the date stated on the invoice after receipt of the invoice.
(5) Any object of sale or service delivered or otherwise provided shall remain the property of asknet GmbH or the rights holder of the product that is the subject of the contract until payment has been made in full.
(6) The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
(7) The customer shall only have the right to offset claims if his counterclaims have been legally established or expressly recognised in writing by asknet GmbH.
Section 10 Delivery area
asknet GmbH does not deliver to any country or person if such a delivery would violate valid export laws or other legal regulations.
Section 11 Delivery time
(1) Unless otherwise stated on the product page, all products are available for immediate delivery and all services are available for immediate performance.
(2) For deliveries of goods and for the provision of services within Germany, the delivery period is a maximum of 14 days.
(3) The period begins
a) for payments by bank transfer, upon receipt of the payment by asknet GmbH.
b) for all other payment methods, upon conclusion of the contract.
c) for downloads, only after payment has been successfully made.
d) for products that require additional information from the customer for licensing, with receipt of the information requested from the customer.
(4) The period ends on the 14th day following the event mentioned in para. 3. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall apply instead of such a day.
(5) In the case of deliveries to other countries, subsections (2), (3) and (4) shall apply on condition that the order is delivered within 28 days.
(6) Events of force majeure, measures within the scope of industrial disputes and other unforeseen circumstances for which asknet GmbH is not responsible, including failure to deliver by the upstream supplier, for which asknet GmbH is not responsible, shall entitle asknet GmbH to reasonably extend delivery periods by the duration of the hindrance, but for no longer than two weeks from the date of the order. A delay shall only occur after a reasonable grace period has been set. Should the delay last any longer, the customer may set a reasonable deadline for performance and withdraw from the contract after it has expired to no avail. After the expiry of six weeks from the order, asknet GmbH shall also be entitled to withdraw from the contract. The customer's claim for damages is excluded, unless the delay is the fault of asknet GmbH.
Section 12 Terms of delivery
(1) With regard to transport, asknet GmbH shall use Deutsche Post AG for shipments within Germany or DHL or UPS for express deliveries. For shipments outside Germany, goods may be delivered by the regional postal service or, in the case of express deliveries, by DHL or UPS.
(2) asknet GmbH offers the following delivery methods:
a) Standard delivery
b) Express delivery
(3) asknet GmbH reserves the right to exclude individual shipping methods.
Section 13 Shipping costs
(1) Insofar as the service or purchased item is to be dispatched to the customer rather than being downloaded, the customer shall bear the shipping costs. It is not reasonably possible to calculate the shipping costs in advance, as they will vary depending on the delivery area and the product ordered. A precise calculation of the shipping costs and a list of all selectable shipping methods shall be made during the ordering process and shall be indicated in particular on the order page. In the case of special promotions or offers, the shipping costs may be waived in individual cases. This will also be indicated in the order process and on the order page.
(2) Where software is delivered by download, asknet GmbH shall not charge any shipping costs. The customer shall set up the remote communication connection to the asknet GmbH server (Internet connection) required for the download and shall bear the costs of use of the remote communication connection incurred in the course of the retrieval.
(3) For deliveries outside the EU, additional customs duties or costs for customs clearance as well as import duties or taxes may be incurred, which shall be borne by the customer. These costs are beyond the control of asknet GmbH. Further information can be obtained from the respective customs office.
Section 14 Rights of use for the purchase of software
(1) The software provided by asknet GmbH is licensed subject to and in acknowledgement of the user license and terms of use of the software manufacturer on the part of the customer (generally referred to as "End User License Agreement").
(2) The customer is entitled to use the contractual software in accordance with the manufacturer's terms of use, which are made available to the customer, including during the installation of the software.
(3) Without the consent of the copyright holder, the customer may only use the software in a copyright-relevant manner within the limits of Sections 69d and 69e UrhG (Urheberrechtsgesetz [German Copyright Act]). With regard to resale and subletting, both the manufacturer's licence conditions and the statutory regulations must be complied with.
Section 15 Data protection
asknet GmbH complies with the relevant data protection laws and handles information as well as personal data according to the provisions of asknet GmbH's privacy policy, which can be found at this address: https://www.studyhouse.de/cgi-bin/pages/privacy.
Section 16 Choice of law
(1) The parties agree that German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Part 2: Information on the right of withdrawal for consumers pursuant to Section 13 BGB (Bürgerliches Gesetzbuch [German Civil Code])
Section 17 Existence of the right of withdrawal and bearing of costs when exercising the right of withdrawal
(1) Consumers pursuant to Section 13 BGB have a right of withdrawal in the cases described below.
(2) If the consumer makes use of his right of withdrawal as described below, he shall bear the regular costs of the return shipment.
Section 18 Refund of payments made
(1) As a matter of principle, asknet GmbH shall choose the same means of payment for the refund of payments made as the one chosen by the customer for payment.
(2) In the case of means of payment for which asknet GmbH is unable to make a refund by the same method, asknet GmbH shall refund payments made by this method via bank transfer. The customer's bank details are required for this purpose. The refund will be made as soon as the customer has provided his bank details. The customer shall not incur any costs for a refund made using a different means of payment.
Section 19 Cancellation policy for digital content and premature expiry of the right of withdrawal
(1) Cancellation policy for digital content (= data produced and provided in digital form, such as software download)
Cancellation policy Right of withdrawal asknet GmbH by sending a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. If you wish, you can use the enclosed model cancellation form, which is, however, not compulsory. Consequences of withdrawal |
(2) Premature expiry of the right of withdrawal
The customer's right of withdrawal shall expire if the trader has commenced performance of the contract after
(a) the consumer has expressly consented to the trader commencing performance of the contract before expiry of the withdrawal period; and
(b) has confirmed his understanding that, by giving his consent, he loses his right of withdrawal upon the commencement of the performance of the contract.
The conclusion of the contract may be made conditional on the aforementioned consent and confirmation.
This premature expiry of the right of withdrawal is due to the fact that unlike physical objects, once downloaded, digital content can be easily reproduced and therefore, even if the contract is withdrawn, the digital content may remain on the customer's terminal equipment.
(3) Sample cancellation form valid for digital content
| (If you wish to revoke the contract, please complete and return this form). To: asknet GmbH I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) |
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Ordered on (*)/received on (*) |
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Name of consumer(s) |
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Address of consumer(s) |
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Signature of consumer(s) |
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Date |
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Section 20 Cancellation policy and information on the right of withdrawal for contracts with other content
(1) Cancellation policy for contracts for the combined delivery of goods and for contracts in which several goods are ordered and delivered together as part of a single order
Cancellation policy Right of withdrawal asknet GmbH by sending a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. If you wish, you can use the enclosed model cancellation form, which is, however, not compulsory. Consequences of withdrawal |
(2) Sample cancellation form valid for contracts for the combined delivery of goods as well as for contracts in which several goods are ordered as part of a single order and delivered together
| (If you wish to revoke the contract, please complete and return this form). To: asknet GmbH I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) |
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Ordered on (*)/received on (*) |
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Name of consumer(s) |
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Address of consumer(s) |
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Signature of consumer(s) |
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Date |
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(3) Unless otherwise stipulated, the right of withdrawal does not apply to distance contracts for the delivery of audio or video recordings or computer software in sealed packages if the seal has been removed by the consumer after delivery.
(4) For speedy and customer-friendly processing of your return, we kindly ask that you do not return goods to the address stated above, but to the address stated on the delivery note for returns. Compliance with this request, however is not mandatory for the effective exercise of the right of withdrawal.
(5) Cancellation policy for contracts in which several goods are ordered as part of a single order and delivered separately
Cancellation policy Right of withdrawal asknet GmbH by sending a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. If you wish, you can use the enclosed model cancellation form, which is, however, not compulsory. Consequences of withdrawal |
(6) Sample cancellation form valid for contracts in which several goods are ordered as part of a single order and delivered separately
| (If you wish to revoke the contract, please complete and return this form). To: asknet GmbH I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) |
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Ordered on (*)/received on (*) |
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Name of consumer(s) |
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Address of consumer(s) |
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Signature of consumer(s) |
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Date |
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(7) Unless otherwise stipulated, the right of withdrawal does not apply to distance contracts for the delivery of audio or video recordings or computer software in sealed packages if the seal has been removed by the consumer after delivery.
(8) For speedy and customer-friendly processing of your return, we kindly ask that you do not return goods to the address stated above, but to the address stated on the delivery note for returns. Compliance with this request, however is not mandatory for the effective exercise of the right of revocation.
(9) Cancellation policy for service contracts
Cancellation policy Right of withdrawal asknet GmbH by sending a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. If you wish, you can use the enclosed model cancellation form, which is, however, not compulsory. Consequences of withdrawal |
(10) Sample cancellation form for service contracts
| (If you wish to revoke the contract, please complete and return this form). To: asknet GmbH I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) |
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Ordered on (*)/received on (*) |
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Name of consumer(s) |
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Address of consumer(s) |
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Signature of consumer(s) |
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Date |
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(11) In the case of the provision of services, the right of withdrawal shall expire prematurely if we have provided the service in full and have only started to provide the service after the consumer has given his express consent to this and confirmed his understanding that he will lose his right of withdrawal upon full performance of the contract by the entrepreneur.
Part 3: Special contractual conditions vis-à-vis entrepreneurs pursuant to section 14 BGB
Section 21 Limitation of the warranty period, assignment of warranty rights against the manufacturer to the customer
(1) In deviation from Section 5, the warranty period shall be limited to 12 months. In the case of damages and reimbursement of expenses arising from intent, gross negligence, warranty, fraudulent intent, as well as in the case of injury to life, body and health and in the case of claims arising from the Product Liability Act, the statutory limitation periods shall apply.
(2) It is agreed that the warranty of asknet GmbH towards the customer is subsidiary to the warranty of the software or hardware manufacturer/supplier. For this purpose, asknet GmbH assigns to the customer in advance its warranty claims against the manufacturer/supplier concerning the software or hardware and/or documentation or other instructions for use that are the subject of the contract. The customer accepts this assignment. The customer must therefore first assert any warranty claims against the manufacturer/supplier - if necessary in court. The limitation of warranty claims against asknet GmbH shall be suspended for the duration of the legal action. asknet GmbH shall hand over the contractual documents necessary for legal prosecution and provide the necessary information about the contractual partner. The warranty of asknet GmbH shall be reinstated if a claim against the manufacturer/supplier for legal reasons or due to a loss of assets, e.g. due to insolvency, untraceability, due to legal restrictions or existing counter rights, offers no likelihood of success.
Section 22 Obligation to examine and give notice of defects
In addition to Section 5 - insofar as the customer is an entrepreneur - the customer shall inspect the purchased goods or services immediately upon receipt and notify us of any defects detected without delay, giving a precise description of the defect. Section 377 HGB (Handelsgesetzbuch [German Commercial Code]) shall apply.
Section 23 Period of performance, delays, partial performance
(1) Information on delivery and performance dates are non-binding unless they have been designated as binding by asknet GmbH in text form. All delivery and service deadlines are subject to correct and timely delivery to asknet GmbH. Delivery periods shall commence with the dispatch of the order confirmation by asknet GmbH, but not before all necessary commercial and technical questions between the customer and asknet GmbH have been clarified and the customer has fulfilled all obligations incumbent upon him (e.g. making agreed down payments).
(2) Delivery and performance deadlines shall be extended by the period in which the customer is in default of payment under the contract, plus a reasonable start-up period after the end of the reason for the delay. The same shall apply in the event of circumstances for which asknet GmbH is not responsible and as a result of which asknet GmbH is prevented from delivering or performing. These circumstances also include force majeure, official restrictions due to pandemics, delays on the part of asknet GmbH's suppliers and subcontractors, and industrial disputes. Deadlines shall also be deemed extended by the period in which the customer fails to cooperate in breach of contract, for example, by not providing information, not supplying materials or not making employees available.
(3) If the contracting parties subsequently agree on other or additional services which affect agreed deadlines, these deadlines shall be extended by a reasonable period of time.
(4) If a postponement of delivery dates or dates for the provision of services is agreed upon at the request of the customer, asknet GmbH shall be entitled to demand payment at the time at which it would have become due in the absence of such postponement. The agreement on the postponement of such dates must be made in writing.
(5) Reminders and setting of deadlines by the customer must be made in writing in order to be effective. A grace period must be reasonable. A period of less than two weeks shall only be reasonable in the case of particular urgency.
6) asknet GmbH may provide partial services, insofar as the delivered parts can be reasonably used by the customer.
Section 24 Payment, default in payment, set-off
(1) Unless otherwise agreed by the contracting parties, payments shall be due without any deductions immediately after performance of the service and receipt of the invoice by the customer and shall be payable within 14 days.
(2) During the period of default, the customer shall pay interest at a rate of nine percentage points above the base interest rate applicable at the time. The right to assertion of further damages caused by default remains unaffected.
(3) If the customer's default lasts longer than 30 calendar days or if the application for the opening of insolvency proceedings over the customer's assets or comparable proceedings under another legal system is granted, asknet GmbH shall be entitled to declare all claims against the customer immediately due and payable, to withhold all deliveries and services and to assert all rights arising from retention of title.
(4) The customer may only offset claims that are undisputed by asknet GmbH or have been legally established. Except as provided for in Section 354 a HGB, the customer may only assign claims arising from this contract to third parties with the prior consent of asknet GmbH in writing; such consent must not be unreasonably withheld. The customer shall only be entitled to a right of retention or the plea of non-performance of the contract within the respective contractual relationship.
(5) If, after conclusion of the contract, asknet GmbH becomes aware of circumstances that give rise to serious doubts as to the financial circumstances or creditworthiness of the customer, asknet GmbH may make processing and delivery dependent on an appropriate advance payment by the customer or on the provision of security by way of deposit or bank guarantee.
Section 25 Validity of the General Terms and Conditions, place of performance, place of jurisdiction
(1) The customer's terms and conditions shall only apply with the express written consent of asknet GmbH.
(2) The agreed place of performance and jurisdiction is Karlsruhe. asknet GmbH shall, however, also be entitled to take legal action at the domicile of the customer or any other permissible place of jurisdiction.
Part 4: Special national regulations
Section 26 Special regulations for Taiwan
Under the Taiwanese Income Tax Act (https://law-out.mof.gov.tw/EngLawContent.aspx?lan=E&id=20423&KW=10604704390), a Taiwanese company/business customer is obliged to pay the Corporate Income Tax (CIT) on any transactions/orders placed by the latter in asknet GmbH's online shop according to the statutory provisions.